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Supreme Court'sdecision in Facebook v. Duguid closes one door to potential Telephone Consumer Protection Act lawsuits, Florida's newly amended state law — featuring a broader autodialer definition — has opened another, say attorneys at Buchanan Ingersoll. Although the U.S.
In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?
Oklahoma is the latest to join states like Florida in placing restrictions on telephonic sales calls in the wake of the United States Supreme Court'sdecision in.
In an opinion by Justice Amy Coney Barrett, the court acknowledged concerns by the hotel, which lost in the lower court and had asked the justices to weigh in, “about litigants manipulating the jurisdiction of this Court.” This article was originally published at Howe on the Court.
s Eleventh Circuit challenge to a Florida district courtdecision certifying several classes of drivers alleging the automaker deceptively marketed its Shelby Mustang GT350 as racetrack-ready, saying the decision gives class litigants further ammunition to pursue "blackmail settlements" from corporate defendants.
Obviously, that settlement does not appear to resolve the issues with independent sound recording owners (like Flo & Eddie who brought the actions that have resulted in NY and California decisions finding a performance right in pre-1972 recordings in those two states). First, a review of the issue with pre-1972 sound recordings.
This week, we highlight petitions that ask the court to consider, among other things, whether that 30-day deadline bars owners from reclaiming property if they file with a missing signature. Luis Sanchez is a part-owner of a small business in Florida selling electronics to Latin American customers.
Gambling on tribal lands first came to prominence with a Seminole casino in Florida in the late 1970s. The Supreme Court first addressed the problem squarely in its 1987 decision in California v. Some background about the general compromise that governs that problem sets the stage for this dispute.
The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v. Paxton , involve laws enacted by Florida and Texas to regulate major social media platforms like Facebook, YouTube, and X (formerly known as Twitter).
On the PRO front, we also talked about the settlements of the antitrust litigation brought by both the radio and TV industry over SESAC royalties (settlements about which we wrote here ). Rates under the settlements, which will be decided by arbitration if not resolved by negotiation, are currently being worked on.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.
For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. The Furman Framework. Austin Sarat.
These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. The state courts in Florida and Connecticut have become more likely to enforce in recent years. The federal district courts sitting in the Ninth Circuit, which includes California, have the lowest enforcement rate.
The decision looks like a simple premise that digitization is no magic bullet to defeat pre-1972 sound recording claims, but there is much to unpack in this seemingly straightforward decision. First, we need to provide a little background on the litigation over pre-1972 sound recordings.
Some older Supreme Courtdecisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.
FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’sdecision here ).
This week’s federal Court of Appeals order was very direct, relying on the state courtdecision that there was no public performance right to end the case. While this ends the case in NY, appellate courts in California and Florida still need to rule on the issue of whether there is a performance royalty in those states.
But after roughly 90 minutes of oral argument, it seemed that the justices might not reach that question at all and might instead hold that the case is moot – that is, no longer a live controversy – after Laufer dismissed her case in the lower court.
The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California.
When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. As Adams faded into the background, Harpster took their work on tour, from Florida to Alaska, to university lecture halls and international homicide conferences, city police academies and statewide coroners’ seminars.
Share The Supreme Court will hear oral arguments next week in a dispute over whether a Florida woman who retired from her job as a firefighter can bring a lawsuit against her former employer under the Americans with Disabilities Act alleging discrimination in how benefits are provided in the years after she left her job.
The district court held that the allegations were inadequate under the heightened pleading standards of the Private Securities Litigation Reform Act , which Congress adopted to curb perceived abuses of securities litigation. Court of Appeals for the 9th Circuit reversed. Florida and Moore v.
Avenatti came to the Supreme Court earlier this year, asking the justices to decide whether one of the statutes under which he was convicted – barring fraud that deprives someone else of “the intangible right of honest services” – is so vague that it is unconstitutional. A Florida state court upheld Cunningham’s conviction.
If the lower courtsdecision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed. This article was originally published at Howe on the Court.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. CLIMATE LITIGATION CHART.
DeRenzi), The Florida State Bar President (Michelle Suskauer), and nationally known Supreme Court advocate and commentator (Dean Erwin Chemerinsky from Berkeley Law) to name a few. ABA Annual Meeting 2018: Blockbuster Supreme CourtDecisions in a Partisan Era. ABA Annual Meeting 2018: ABA Section of Litigation.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The skink is a lizard that lives only on islands of the Florida Keys; its habitat is threatened by sea level rise. and non-U.S.
The Dobbs dissent rightly predicted that discovering what kind of abortion regulation is “legitimate” will lead to even more abortion litigation. Florida is a hybrid, with the courts holding that the state constitution protects access to abortion yet laws that restrict it.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. DECISIONS AND SETTLEMENTS. In re: Border Infrastructure Environmental Litigation , No. and non-U.S.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. She also was persuaded that Congress had ratified the lower appellate courtdecisions holding that there was a narrower scope of review.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Supreme Court Said Florida Failed to Prove Georgia’s Overconsumption of Water Caused Injuries. and non-U.S. Georgia , No.
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